Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Does a signed DNR paper on a patiant have to be signed by a

Customer Question
doctor in south carolina?...
Does a signed DNR paper on a patiant have to be signed by a doctor in south carolina?
Submitted: 7 years ago.Category: Legal
Ask Your Own Legal Question
Answered in 5 minutes by:
10/1/2010
Lawyer: RobertJDFL, Attorney replied 7 years ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,212
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question.

Yes, it must be signed by someone licensed to practice medicine or osteopathy within the state. Here is the statue:

SECTION 44-78-15. Definitions.

As used in this chapter:

(1) "Do not resuscitate order for emergency services" means a document made in accordance with this article to prevent EMS personnel from employing resuscitative measures or any other medical process that would only extend the patient's suffering with no viable medical reason to perform the procedure;

(2) "EMS personnel" means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control, and for purposes of this chapter, "EMS personnel" includes first responders who have completed a Department of Health and Environmental Control approved medical first responder program;

(3) "Health care provider" means a person licensed to practice medicine or osteopathy pursuant to Title 40, Chapter 47;

(4) "Palliative treatment" means the degree of treatment which must be provided to a patient in the routine delivery of emergency medical services, which assures the comfort and alleviation of pain and suffering to all extents possible, regardless of whether the patient has executed a document as provided for in this chapter;

(5) "Resuscitative treatment" means artificial stimulation of the cardiopulmonary systems of the human body, through either electrical, mechanical, or manual means including, but not limited to, cardiopulmonary resuscitation;

(6) "Terminal condition" means an incurable or irreversible condition that within reasonable medical judgment could cause death within a reasonably short period of time if life sustaining procedures are not used.

 

SECTION 44-78-20. Terminal patient may request health care provider to execute "do not resuscitate order for emergency services"; conditions.

 

A patient who has a terminal condition or a surrogate for a patient with a terminal condition under the Adult Health Care Consent Act or an agent of a person with a terminal condition named by the patient in a Health Care Power of Attorney may request a health care provider responsible for the care of the patient to execute a "do not resuscitate order for emergency services" if the following conditions apply:

(1) the patient has a terminal condition;

(2) the terminal condition has been diagnosed by a health care provider and the health care provider's record establishes the time, date, and medical condition which gives rise to the diagnosis of a terminal condition.


PLEASE HONOR THE HONOR CODE. If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.Otherwise, please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you put down a deposit or have a subscription). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Ask Your Own Legal Question
Customer reply replied 7 years ago
Patiant was in nursing home with a living will not to be resucetated and signed DNR and nurse said she would get doctor to sign DNR when he came through that night. The next morning she got a call from nursing home that her dad was none responsive and hung up. thinking her dad was dead she started crying .Thirty minutes later she received a call back saying the EMS had got a pulse and he was on his way to the hospital where he ended up in CCU on a venterlator with six IVs in him convulsing at every breath. He had alzheimers ,broken ribs ,punctured lung and a staff infection he got from being in the hospital prior to coming to the nursing home.Then the decision had to be made to unplug him which was very painful to all.
Lawyer: RobertJDFL, Attorney replied 7 years ago
So it sounds like the DNR was never signed then? If that is the case, the nursing home may have some liability for ignoring the requests of his guardian (I presume it was his daughter who requested the DNR).

If the DNR had been signed, and was just ignored, then the liability extends to everyone who knew the DNR was in place but ignored it -EMS, the hospital, etc.

However, as you can see from the statute, in order for a doctor to sign a DNR, a patient must have a terminable condition, meaning an incurable or irreversible condition that within reasonable medical judgment could cause death within a reasonably short period of time if life sustaining procedures are not used. Alzheimer's Disease, by itself would not fall under the definition of a terminal condition because a person can live for years with it. It's not clear from your facts if the woman's father was in fact terminal which lead to the nurse stating she would have a doctor execute the DNR.
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,212
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
whats the purpose of having a living will if your spouse or child can't sign the DNR if the patiant who is not terminal does not want to be revived?
Lawyer: RobertJDFL, Attorney replied 7 years ago
Both living wills and DNR orders deal with end-of-life decisions, but they are different. You may complete a living will document yourself even when you are healthy. Your living will document specifies in advance the kind of medical treatment you would want if and when you have a terminal illness or are in a permanently unconscious state and are no longer able to state your own wishes.

By contrast, you do not write a DNR order for yourself. Instead, you make your wishes known to your physician, who writes a DNR order if and when your condition warrants it. The DNR order addresses your current state of health and the kind of medical treatment you and your physician decide is appropriate under current circumstances.

Generally, a DNR order will also only deal with no use of CPR, whereas a living will goes much further, and provides that a person, if deemed terminal should not have various treatments of their choosing (for example, some people want no amputations done, others want no food and water, just pain medication, others want just hydration and pain medication, etc).


Ask Your Own Legal Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,212
14,212 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Rockhill and my question is that i have power of attorney
hi , my name is ***** ***** and my question is that i have power of attorney for my mom. she has alzhimers and i need to have her american express statements sent to me as i need to moniter the accoun… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about powers of attorney and what happens when the
it is about powers of attorney and what happens when the party gave it dies … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can you clear up something for me? On Power of Attorney
Can you clear up something for me? On Power of Attorney there is Attorney(s)-In-Fact and there are Successor Attorney(s)-In-Fact.Am I understanding that the Successor Attorney-In-Fact is only the Powe… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Would you be able to provide power of attorney documents for
Would you be able to provide power of attorney documents for my husband to have POA over his 83 year old mother? His sister is doing everything in her power to get everything she can out of her mother… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Durable Power of Attorney - One of the inmates at Muscogee
Durable Power of Attorney - One of the inmates at Muscogee County Prison asked me (personal friend) to represent him in all areas of his life. I wonder if I need to hire an attorney if I accept respon… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
If power of attorney was given to a sibbling during a bad
if power of attorney was given to a sibbling during a bad divorce is it still standing after the divorce and person has remarried … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a power of attorney document is filled out, signed, and
If a power of attorney document is filled out, signed, and notorized however the address for the agent is missing can it still be added … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
I have a durable power of attorney and need to add
I have a durable power of attorney and need to add additional pages. The original package had15 pages, we only notarized first four pages, an agency is asking for additional eleven pages, principal no… read more
socrateaser
socrateaser
1,031 satisfied customers
If someone has a power of attorney, can they use that to get
if someone has a power of attorney, can they use that to get phone records for that persons phone… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Can a healthcare power of attorney be delegated against the
Second opinion] can a healthcare power of attorney be delegated against the patient's wishes? what is a patient's legal recourse if a medical provider takes direction from an unauthorized person again… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
How to write a durable power of attorney/ No paper work
how to write a durable power of attorney/ JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: no paper work filed in the state of Kentucky. JA: Hav… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
Have power of attorney in michigan for Mother in law. Taking
have power of attorney in michigan for Mother in law. Taking care of her...she is in assisted living memory care unit. She has lost short term memory and we need to legally sign docs for her under pow… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Iam trying to buy a condo the person with power of attorney
Iam trying to buy a condo the person with power of attorney hasnt got clear title yet condo association daid i must be out end of month though it a lease buy u cant rent the condo herr mabank tx… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x